87R8874 ANG-F
By: Goodwin H.B. No. 2844
A BILL TO BE ENTITLED
AN ACT
relating to certain persons licensed by the Texas Commission on Law
Enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.452(b), Occupations Code, is
amended to read as follows:
(b) The head of a law enforcement agency or the head's
designee shall include in the report required under Subsection (a)
a statement on whether the license holder was honorably discharged,
generally discharged, or dishonorably discharged and, as required
by the commission, an explanation of the circumstances under which
the person resigned, retired, or was terminated. If the license
holder resigned or retired, the explanation must include
information regarding any pending investigation known to internal
affairs, supervisors, or management that was not completed due to
the officer's resignation or retirement. For purposes of this
subsection:
(1) "Honorably discharged" means a license holder who,
while in good standing and not because of pending or final
disciplinary actions or a documented performance problem, retired,
resigned, or separated from employment with or died while employed
by a law enforcement agency.
(2) "Generally discharged" means a license holder who:
(A) was terminated by, retired or resigned from,
or died while in the employ of a law enforcement agency and the
separation was related to a disciplinary investigation of conduct
that is not included in the definition of dishonorably discharged;
or
(B) was terminated by or retired or resigned from
a law enforcement agency and the separation was for a documented
performance problem and was not because of a reduction in workforce
or an at-will employment decision.
(3) "Dishonorably discharged" means a license holder
who:
(A) was terminated by a law enforcement agency or
retired or resigned in lieu of termination by the agency in relation
to:
(i) allegations of criminal misconduct; or
(ii) conduct described by Section
1701.5015(b); or
(B) was terminated by a law enforcement agency or
retired or resigned in lieu of termination by the agency for
insubordination or untruthfulness.
SECTION 2. Section 1701.4521(a), Occupations Code, is
amended to read as follows:
(a) The commission shall suspend the license of an officer
licensed under this chapter on notification that the officer has
been dishonorably discharged [if the officer has previously been
dishonorably discharged from another law enforcement agency].
SECTION 3. The heading to Subchapter K, Chapter 1701,
Occupations Code, is amended to read as follows:
SUBCHAPTER K. DISCIPLINARY GROUNDS AND PROCEDURES
SECTION 4. Subchapter K, Chapter 1701, Occupations Code, is
amended by adding Section 1701.5015 to read as follows:
Sec. 1701.5015. CERTAIN GROUNDS FOR DISCIPLINE OF OFFICER.
(a) The commission by rule shall establish grounds under which the
commission shall suspend or revoke an officer license on a
determination by the commission that the license holder's continued
performance of duties as an officer constitutes a threat to the
public welfare.
(b) The grounds under Subsection (a) must include:
(1) lack of competence in performing the license
holder's duties as an officer;
(2) illegal drug use or an addiction that
substantially impairs the license holder's ability to perform the
license holder's duties as an officer;
(3) lack of truthfulness in court proceedings or other
governmental operations, including:
(A) making a false statement in an offense report
or other report as part of an investigation;
(B) making a false statement to obtain employment
as an officer;
(C) making a false entry in court records or
tampering with evidence, regardless of whether the license holder
is prosecuted or convicted for the false entry or tampering; or
(D) engaging in conduct designed to impair the
results or procedure of an examination or testing process
associated with obtaining employment as an officer or a promotion
to a higher rank;
(4) failure to follow the lawful directives of a
supervising officer or to follow the policies of the employing law
enforcement agency;
(5) discriminatory conduct, including engaging in a
course of conduct or a single egregious act, based on the race,
color, religion, sex, pregnancy, national origin, age, disability,
or sexual orientation of another that would cause a reasonable
person to believe that the license holder is unable to perform the
license holder's duties as an officer in a fair manner; or
(6) conduct indicating a pattern of:
(A) excessive use of force;
(B) abuse of official capacity;
(C) inappropriate relationships with persons in
the custody of the license holder;
(D) sexual harassment or sexual misconduct while
performing the license holder's duties as an officer; or
(E) misuse of information obtained as a result of
the license holder's employment as an officer and related to the
enforcement of criminal offenses.
SECTION 5. Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall adopt the rules required by
Section 1701.5015, Occupations Code, as added by this Act.
SECTION 6. Section 1701.5015, Occupations Code, as added by
this Act, applies only to conduct that occurs on or after January 1,
2022. Conduct that occurs before January 1, 2022, is governed by
the law in effect immediately before the effective date of this Act,
and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2021.